The pursuer, living in England was dismissed from a post by the defenders whilst he was working for them in Libya. He claimed unfair dismissal. They said that his employment was not subject to British Law. Held: The employment was governed by UK law. Judges: Lord Osborne, Lord Carloway, Lord Brodie Citations: [2010] ScotCS CSIH … Continue reading Ravat v Halliburton Manufacturing and Services Ltd: SCS 22 Jun 2010
EAT Contract of Employment – Breach of ContractThe appellant had owned a company. She sold the shares to the second respondent in return for a position as a director. After dismissal she appealed several findings. Held: The tribunal deciding an issue as to jurisdiction had pre-empted the job of the tribunal of making findings as … Continue reading Hinkley v Ashtons Manufacturing Ltd, Thomas A Ashton Ltd P Crook: EAT 18 Mar 2002
The respondent was employed by the appellant. He was resident in GB, and was based here, but much work was overseas. At the time of his dismissal he was working in Libya. The company denied that UK law applied. He alleged unfair dismissal. Held: The company’s appeal failed. The details that he was dismissed by … Continue reading Ravat v Halliburton Manufacturing and Services Ltd: SC 8 Feb 2012
Mrs Wallis was employed by the Ministry of Defence at the international school attached to SHAPE in Belgium. Mrs Grocott was employed by the Ministry in the British section of the Armed Forces North International School in the Netherlands. Both SHAPE and JFC are entities within the structure of NATO. They were recruited because they … Continue reading Ministry of Defence v Wallis and Grocott: CA 8 Mar 2011
The claimants were airline pilots employed by the respondent company with headquarters in Hong Kong. The court was asked whether an English Tribunal had jurisdiction to hear their complaints of unfair dismissal. Held: The pilots were employed in England so as to allow a claim for unfair dismissal here. Judges: Lord Phillips Of Worth Matravers, … Continue reading Crofts and others v Cathay Pacific Airways Ltd and others: CA 19 May 2005
EAT JURISDICTIONAL POINTS – Working outside the jurisdiction The Claimants were wives of service personnel working at NATO headquarters in Belgium and in the Netherlands – Because of that status they were eligible for, and they obtained, employment in schools attached to those headquarters – They were dismissed when their husbands’ service came to an … Continue reading Ministry of Defence v Wallis and Another: EAT 30 Jul 2010
The appellant company appealed dismissal of their defence to a claim for unfair dismissal that the employment contract was tainted with illegality. The EAT had heard two cases with raised the question of the effect on unfair dismissal claims of illegality. Held: These were not cases in which false representations had been made. That was … Continue reading Enfield Technical Services Ltd v Payne and Another: CA 22 Apr 2008
The claimants alleged that the legislation governing retirement was indirectly discriminatory against men. Though the right not to be unfairly dismissed maximum age limit was the same for men and for women, that did not apply on a redundancy. Held: A great deal depended upon the method of selection of the pool of workers, should … Continue reading Rutherford and Another v Secretary of State for Trade and Industry: CA 3 Sep 2004
The worker was employed via an employment agency. The contract the company had was with the agency, and the agency had the contract with the worker. The worker claimed an implied contract of employment with the end-user. Held: The end-user company’s appeal failed. The ET was entitled to hold that Mr Muscat had been an … Continue reading Cable and Wireless Plc v Muscat: CA 9 Mar 2006
Section 94(1) of the 1996 Act did not apply to protect a British national locally engaged to work in the British Embassy in Rome. Judges: Burton P J Citations: EAT/174/02, [2003] EAT 174 – 02 – 1003, [2003] UKEAT 174 – 02 – 1003 Links: Bailii, Bailii, EAT Statutes: Employment Rights Act 1996 94(1) Cited … Continue reading Bryant v The Foreign and Commnonwealth Office: EAT 10 Mar 2003
The employer disputed a finding that the Employment tribunal had jurisdiction over the employment claims made by the respondent. Rimer, Floyd, Macur LJJ [2014] EWCA Civ 1238 Bailii Employment Rights Act 1996 94(1), Employment Relations Act 1999 10 England and Wales Citing: Appeal from – Dhunna v Creditsights Ltd EAT 3-Apr-2013 EAT JURISDICTIONAL POINTS – … Continue reading Creditsights Ltd v Dhunna: CA 19 Sep 2014
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence establishments in Germany; under the NATO Status of Forces Agreement of 1951 … Continue reading Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006
The claimant had been employed as a consultant orthodontist. She resigned claiming constructive dismissal and sex and race discrimination. The EAT reversed the findings on discrimination saying that they had not been sufficiently pleaded. The Court of Session re-instated the discrimination findings and the Board now appealed. Held: The Board’s appeal failed. Although the positions … Continue reading Hewage v Grampian Health Board: SC 25 Jul 2012
The court considered whether a teacher employed by the Secretary of State to teach in one of its European Schools was entitled to protection against unfair dismissal. Held: The claimants’ appeals were allowed and the cases remitted to the Employment Tribunals. The employments fell within the exeptions governing employment abroad identified in Lawsn -v- Serco. … Continue reading Duncombe and Others v Secretary of State for Children, Schools and Families (No 2): SC 15 Jul 2011
EAT JURISDICTIONAL POINTS – Working outside the jurisdiction WORKING TIME REGULATIONS – Holiday pay The approach to determining whether an employee of British company who works and lives abroad falls within the territorial scope of the Employment Rights Act 1996 section 94(1) has been developed since Lawson v Serco Ltd [2006] ICR 250. The question … Continue reading Dhunna v Creditsights Ltd: EAT 3 Apr 2013
